The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1887-07-14
TALES BY LAWYERS.

TALES BY LAWYERS.
The ways of Justice are rather star:
ling in the West, as was discovered by
a Chicago attorney who gained his
first legal experience on the slope. He
went west in the tifties, and settled in
little town in Oregon. Being the
only lawyer there he was something OF
wonder, and was regarded with con-
siderable reverence as the only man
who could make a speech. He was
called upon one day to defend notori-
Gus horse-thief, and found court in
session in shanty that was court.
room in one end and saloon in the
other. The Judge was a miner, and
the jury consisted of half dozen rough
well, boss" said the
Judge, .'since yere here l 'spose We
might as well begin. This yer cuss
has been stealin' hosses, hain't he,
pards?" A grunt of assent convicted
the prisoner. and he was sentenced to
stretch before the lawyer could say a
word. He finally cut in, demanded a
formal trial, and on this being refused
asked to make plea for the fellows
life. To this the Justice said: 'Well,
do yer talkin' to me, an, boys, you
Just take this cuss an hist him an I'll
listen to the other one.
The lawyer not thinking that the
sentence would be executed at once,
pleaded with the Judge, who solemnly
heard it all, and finally said: That's
a darnation fine speech, but I'm gettin
a leetle dry an l propose we 'journ
court and take drink an then see
what the boys have been doin'."
They did so, and going short dis
tance from the shanty saw the defend.
ant dangling in the air and not !; soul
in sight, the jury having adjourned to
a saloon after serving as executiOners.
Hes done fur" said the court; ''now
YOU Jest come along with me an well
see that cussed ole man, he sent fur
you to do the talkin' an sort o break
it to him."
A.. The father of the defendant was
found at his shack smoking pipe, and
the court said. This is the feller as
made the speech fur the young'un.
Give him IL great send-otf."
..Give me yer hand, pard. said the
old man. $50 yer spoke right up for the
kid, did yer?"
Yer bet he did; talked right to ME
while the rest of the boys was a-string-
ing the young feller up"
mighty glad to heart. Put the boy
through all rightp"
Yer bet.
''Said he was terrOr"
"Shore."
"Said he'd stole forty hossesP"
"Mor'n hundred"
Talk long?"
bet. Didn't give me no chance to
see the fnn. Made IL jimminy crackin
speech.
Course t didn't save him?"
20, no. They wuz hangin' him
while l wuz list'nin'."
Gimme yer hand pard, said the old
man. Il swan | give him a big trial
bctter'n any man ever had afore in
these parts. Here's the dust" and the
young lawyer got his first fee.
Shortly after r. M. La Toilette, now
Congressman from the Third Wisconsin
District, was admitted to the bar he
was elected District Attorney al
Madison. One of his early cases was
before Judge Bailey and jury, where
the attorney on the other side was the
redoubtable Col. Villas, now Postmas
ter-General. The case was but mis-.
knew little about it. as he simply came
in to make the closing speech for the
defense. The Colonel started in with
full flow of pompous eloquence, hard
ly noticing the prisoner, but devotine
all his powers to annihilate La Toilette
He called him boy, and said hs
should still be in school, spoke of hi;
youthful presumption in pretending tc
engage in the administration of justice
my young and learned friend" h'
said, in the most patronizing manner
lis full of zeal to convict, he is ambi
tious of success, and if the innocence O
his prisoner were the bar to his reputa
ton he would ruthlessly sacrifice it il
behalf of his own advancement" H'
overfiowed with illusions to th'
.learned and youthful" advocate, ant
closed with the hope that when tn
''learned prosecutor" had grown old il
wisdom he would look with regret ol
his youthful ambition that prompte'
him to seek the condemnation of tn
innocent.
La Toilette, what there was left o
him, got up and said his venerabl
friend had made grievous error in tn
trial and had actually taken him for tn
defendant He had besides show
himself totally ignorant of the case
LAS for myself" he said. II am youn
and hope to know more as L groN
older, but trust shall never becom
SO old, or so learned, or SO presumptI
ous as to attempt TO try case when
know nothing about it. y
The Colonel squirmed and grinned
but said nothing, and the young lawye
won the ease.
The quaint wisdom of the bench ha
never been more wittily uttered tina
by the late Chief-Justice Ryan {
Wisconsin in deciding that a lawye
appointed to try case in place OF
preiudiced Judge had no authority, fl
the reason that the Constitution Of th
State vested all judicial power in cel
tain courts, and these could not deli
gate their authority. He cited a cas-
from Hobart in point which say
"All kingdoms in this constitution al
with the power of justice, both accor'
ing to the rule of law and equity; bot
of which being the king as soyereig
were after settled in several courts; {
the light being first made by God W,
after settled in the great bodies OF ii
sun and moon.
After questioning the accuracy
HObart's constitutional law, bot
celestial and terrestrial" Judge Rys
says:
"Takiag the sun and moon aceordin
| to the common acceptation and fOlloN
ing Hobart's metaphor. the Circu
Judge might be likened to the sun
his court, in this cause, and Mr.. Co
1.-THE lawyer who tried the case) to Il
moon, after the fashion of a jnridic
depute in Scots law, shining with de
egated Jurisdiction. But the cOnstit
ton mars the comparison. For by Il
astronomical constitution the 81
appears to take power to delega
his functions of lighting the worl
while the State Constitution tOlerat
mo such delegation and appoints 81
only, without any moon, as lumina
Of the Circuit Court. whose 'gladsoI